Asbestos Case Tracker

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May 20, 2022 • Asbestos Case Tracker, Motion to Dismiss, New York

Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for Jurisdictional Discovery

State of New York, Supreme Court, County of Monroe, May 16, 2022 Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued individually and as alleged successor to Bridgeport Machines, Inc. (defendant) for damages from personal injuries from Mr. Gaub’s alleged asbestos exposure from various …

May 20, 2022 • Asbestos Case Tracker, Maritime/Admiralty Law, Summary Judgment

Summary Judgment Granted Dismissing Plaintiff’s State Claims Against Employer Under LHWCA

United States District Court for the Eastern District of Louisiana, May 19, 2022 In this asbestos action, plaintiff Callen Cortez brought state tort claims against Continental Insurance Company, sued in its capacity as the insurer of Halter Marine Services, Inc. The plaintiff worked at Halter Marine from 1974 until 1975, and was subsequently diagnosed with …

May 17, 2022 • Asbestos Case Tracker, Motion to Dismiss, North Carolina

Asbestos Complaint Survives Motion to Dismiss

U.S. District Court for the Eastern District of North Carolina, Eastern Division, May 13, 2022 The plaintiffs Augustus Adams and his wife brought suit against numerous defendants, alleging that Mr. Adams developed mesothelioma and other lung damage from exposure to asbestos fibers during the course of his employment. The plaintiffs assert claims for defective design, …

May 13, 2022 • Asbestos Case Tracker, Maritime/Admiralty Law, New York, Summary Judgment

Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

United States District Court for the Southern District of New York, May 9, 2022 In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955. Thereafter, he alleged that he developed asbestos-related cancer and brought a claim under the Jones Act. Three defendants: Farrell …

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May 10, 2022 • Appeal, Asbestos Case Tracker, Washington

Appellate Court Affirms in Part, Remands Trial Court’s Ruling Regarding Mask Manufacturer’s Negligence

Court of Appeals of Washington, Division One, May 9, 2022 In January 2020, the plaintiff, Larry Roemmich, sued 3M, among others, for product liability and negligence based on his diagnosis of mesothelioma, which he alleged was a result of his exposure to asbestos. The plaintiff worked at Puget Sound Naval Shipyard from 1968 to 1995 …

May 2, 2022 • Asbestos Case Tracker, General, Legislative Updates, Other Asbestos News

EPA Proposes Ban on Chrysotile Asbestos

On April 5, 2022, the Environmental Protection Agency (“EPA”) announced proposed regulation that would prohibit the use, manufacture, and import of chrysotile asbestos, also known as ‘white asbestos.’[1] Chrysotile asbestos is the most commonly used variety of asbestos in the United States and can be found in certain products, including brake pads and linings, gaskets, …

April 27, 2022 • Appeal, Asbestos Case Tracker, Expert Challenges, New York

Appellate Court Reverses Plaintiff’s Verdict on Causation Grounds

New York Court of Appeals, April 26, 2022 The plaintiff’s decedent, Florence Nemeth, was diagnosed with peritoneal mesothelioma in 2012 and passed away in 2016. She and her husband filed suit against numerous defendants, alleging that Ms. Nemeth’s exposure to asbestos-containing products throughout her lifetime caused her mesothelioma. Ms. Nemeth was deposed prior to her …

April 25, 2022 • Asbestos Case Tracker, Motion to Dismiss, New York

Court Finds Plaintiff Properly Alleges Successor Liability to Survive Motion to Dismiss

Supreme Court of New York, New York County, April 24, 2022 The defendant, PB Heat LLC, filed a motion to dismiss the plaintiff’s complaint and a motion to impose sanctions. The plaintiff filed suit against PB Heat claiming exposure to asbestos, arguing that the doctrine of successor liability is applicable to PB Heat. PB Heat …

April 21, 2022 • Asbestos Case Tracker, Louisiana, Summary Judgment

Plaintiff’s Motion for Summary Judgment on General Causation Granted as Against Various Defendants

United States District Court for the Eastern District of Louisiana, April 18, 2022 In this case, the plaintiff moved for summary judgment as to general causation of his mesothelioma diagnosis. Eight defendants filed five oppositions to the plaintiff’s motion; however, they largely did not challenge the plaintiff’s mesothelioma diagnosis or asbestos as its cause. Rather, …

April 18, 2022 • Appeal, Asbestos Case Tracker, Summary Judgment

Prior Release Bars Plaintiff’s Claims Against Railroad Defendant

U.S. Court of Appeals for the Fifth Circuit Plaintiff Leopoldo Mendoza-Gomez worked for 20 years as a laborer for the defendant, Union Pacific Railroad Company. He alleges that, while working for Union, he was exposed to various toxic substances including asbestos, and that he was diagnosed with cancer and asbestosis in 2019. In response to his …